divorce after soft landing

[dalia123]

Hello, We have completed our soft landing into Canada as a family and got our PR's. However we have not been living in Canada yet. My husband is planning to file for divorce overseas. Can my I go to Canada file for alimony and sue for half of his assets?

 

[NZ_ozzie]

Hello, We have completed our soft landing into Canada as a family and got our PR's. However we have not been living in Canada yet. My husband is planning to file for divorce overseas. Can my I go to Canada file for alimony and sue for half of his assets?

If he is filling for divorce in your home country then you will have to follow the laws of the home country....If he was filling for divorce in Canada then it would have been different I suppose...not sure...Maybe others can provide better inputs....

 

[scylla]

Hello, We have completed our soft landing into Canada as a family and got our PR's. However we have not been living in Canada yet. My husband is planning to file for divorce overseas. Can my I go to Canada file for alimony and sue for half of his assets?

No - you'll need to pursue this through the court system in your home country.

 

[canuck78]

Hello, We have completed our soft landing into Canada as a family and got our PR's. However we have not been living in Canada yet. My husband is planning to file for divorce overseas. Can my I go to Canada file for alimony and sue for half of his assets?

Canada does not have 50/50 settlement for property acquired during marriage. You’d need to be in Canada for a year before being able to file for divorce

 

[dalia123]

Canada does not have 50/50 settlement for property acquired during marriage. You’d need to be in Canada for a year before being able to file for divorce

thanks for this. if not 50/50 settlement for property, how does it go?

 

[canuck78]

thanks for this. if not 50/50 settlement for property, how does it go?

It depends on how long you were together, how much was earned during the time, how much each partner is earning. Some spouses receive nothing.

 

[canuck78]

Hello, We have completed our soft landing into Canada as a family and got our PR's. However we have not been living in Canada yet. My husband is planning to file for divorce overseas. Can my I go to Canada file for alimony and sue for half of his assets?

If your husband landed with you and you both were aware that the marriage was over and he was going to file for divorce than that would also be misrepresenting your status when you landed.

 

[NZ_ozzie]

If your husband landed with you and you both were aware that the marriage was over and he was going to file for divorce than that would also be misrepresenting your status when you landed.

Not really misrepresentation as there is no proof they both had it coming....Maybe it just happened in spur of moment...with such things you can't have definite times...

But the bottom line is they both can't file for divorce/settlement case in Canada if neither one of them has completed one year here.

 

[dalia123]

If your husband landed with you and you both were aware that the marriage was over and he was going to file for divorce than that would also be misrepresenting your status when you landed.

soft landing done over a year ago...

 

[Bloodrose]

As long as the divorce wasn't considered and the relationship was solid when you landed then neither of you is likely to lose your status in Canada over this. Whether or not you can claim for assets is between you, your lawyer, and the laws in your home country though.

 

[mpsqra]

Hello, We have completed our soft landing into Canada as a family and got our PR's. However we have not been living in Canada yet. My husband is planning to file for divorce overseas. Can my I go to Canada file for alimony and sue for half of his assets?

You have not lived in Canada, so you have to follow the laws of the home country.
Are you interested in keeping your Perment Residency Status? If so, you should return to Canada.